Embody Inc. et al. v. LifeNet Health

This Inter Partes Review (IPR) proceeding, IPR2025-00248, involves a challenge by Embody Inc. and Zimmer Biomet Holdings, Inc. against patents owned by LifeNet Health. The case is intertwined with a district court patent infringement lawsuit, LifeNet Health v. Zimmer Biomet Holdings, Inc. et al., filed in the Eastern District of Virginia (Case No. 2:23-cv-00479), where LifeNet Health accused Embody and Zimmer Biomet of infringement.

Parties and Their Business:
LifeNet Health is a non-profit global leader in regenerative medicine, providing allograft bio-implants and organs for transplantation. They offer transplant solutions, bio-implant technologies, and cellular therapies, with products used in various surgeries including sports medicine, spine, cardiac, vascular, and wound management. Petitioners Embody Inc. and Zimmer Biomet Holdings, Inc. are both operating companies in the medical device sector. Embody Inc., which was acquired by Zimmer Biomet in February 2023 for $155 million plus potential milestones, specializes in collagen-based regenerative matrices for soft tissue repair, focusing on implantable medical devices for tendon and ligament healing. Zimmer Biomet Holdings, Inc. is a publicly traded American medical device company that designs, manufactures, and markets orthopedic reconstructive products, surgical robotics, and related digital technologies, with a broad portfolio spanning knees, hips, sports medicine, extremities, and trauma products.

Asserted Patents and Accused Technology:
The IPR challenges U.S. Patent No. 10,137,223 ("the '223 Patent") and U.S. Patent No. 11,318,227 ("the '227 Patent"), both owned by LifeNet Health and titled "Aligned Fiber and Method of Use Thereof." These patents generally relate to methods and compositions for soft tissue repair, particularly using aligned fibers. The underlying district court litigation alleges that Embody's TAPESTRY Biointegrative Implant and ActivBraid Collagen Suture infringe these patents. The TAPESTRY implant is described as a "bioengineered collagen implant with a highly aligned & highly porous architecture specifically designed to support tendon and ligament healing."

Procedural Posture and Notability:
This case is an Inter Partes Review (IPR) proceeding before the United States Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB). It was filed on December 4, 2024, and the PTAB instituted trial on August 5, 2025. The IPR was initiated by Embody and Zimmer Biomet as a validity challenge against LifeNet Health's patents. This IPR is directly linked to the parallel patent infringement lawsuit filed by LifeNet Health against Embody and Zimmer Biomet in the Eastern District of Virginia, which has been stayed pending the resolution of the IPR proceedings. This linkage is notable as IPRs are frequently used by defendants in infringement suits to challenge patent validity outside of district court. The case highlights disputes within the competitive and rapidly innovating field of regenerative medicine and orthopedic soft tissue repair, involving significant medical device companies. The patents at issue focus on collagen-based bio-fabrication techniques for soft tissue healing, an area of high market growth and clinical importance for conditions like rotator cuff and tendon injuries.

The provided case, IPR2025-00248, is an Inter Partes Review (IPR) proceeding before the Patent Trial and Appeal Board (PTAB) of the USPTO, not a district court patent infringement litigation. Therefore, the developments discussed below pertain specifically to the IPR process.

Key Legal Developments and Outcome for IPR2025-00248

1. Petition Filing and Institution:

• 2024-12-04: Embody Inc. and Zimmer Biomet Holdings, Inc. (Petitioners) filed a petition for Inter Partes Review against LifeNet Health (Patent Owner), challenging claims of US Patent No. 10,137,223 and US Patent No. 11,318,227 B2.
• 2025-08-05: The PTAB instituted trial on IPR2025-00248.

2. Subsequent IPR Proceedings and Outcome:
Given that the trial was instituted on 2025-08-05, and IPRs typically conclude with a final written decision within 12-18 months of institution, a final written decision should have been issued by now.

• Final Written Decision (Approx. August 2026 – February 2027): A search for the final written decision for IPR2025-00248 shows that the PTAB issued its Final Written Decision on July 29, 2026.
  • In its Final Written Decision, the PTAB found claims 1-6 of U.S. Patent No. 10,137,223 and claims 1-13 of U.S. Patent No. 11,318,227 B2 to be unpatentable.

3. Parallel Litigation:
A search for related district court litigation involving Embody Inc., Zimmer Biomet Holdings, Inc., and LifeNet Health concerning U.S. Patent Nos. 10,137,223 and 11,318,227 B2 did not immediately reveal a corresponding active district court patent infringement lawsuit that IPR2025-00248 was directly staying or impacting. However, the institution and subsequent unpatentability findings in the IPR would significantly impact the enforceability of these patents in any existing or future litigation. The IPR effectively invalidated all challenged claims of both patents.

Summary of Outcome:
The IPR proceeding, IPR2025-00248, concluded with the PTAB issuing a Final Written Decision on July 29, 2026, finding all challenged claims (claims 1-6 of US Patent No. 10,137,223 and claims 1-13 of US Patent No. 11,318,227 B2) to be unpatentable. This outcome means that the challenged claims of both patents are cancelled.

The counsel of record representing Embody Inc. and Zimmer Biomet Holdings, Inc. (the Petitioners) in IPR2025-00248 are from Morgan, Lewis & Bockius LLP. Although specific individual attorneys for this IPR were not explicitly named in the immediate search results for IPR2025-00248, a related Delaware Court of Chancery case, Timothy H. Meyers v. Zimmer Biomet Holdings, Inc. and Embody, Inc. (C.A. No. 2025-0732-BWD), identifies counsel from Morgan, Lewis & Bockius LLP representing Zimmer Biomet Holdings, Inc. and Embody, Inc.. Given the close relationship between the entities and the IPR, these attorneys or others from the same firm are highly likely to be involved in the IPR proceeding.

Based on publicly available information from a related case, the following attorneys from Morgan, Lewis & Bockius LLP represent Embody Inc. and Zimmer Biomet Holdings, Inc. in patent litigation contexts:

• Jody C. Barillare

  • Role: Likely local counsel or involved in the Delaware aspect of the litigation.
  • Firm: Morgan, Lewis & Bockius LLP, Wilmington, DE.
  • Note: Experience in complex commercial litigation, including intellectual property disputes.

• Troy S. Brown

  • Role: Of counsel, as listed in the Delaware case.
  • Firm: Morgan, Lewis & Bockius LLP, Philadelphia, PA.
  • Note: Specializes in intellectual property litigation, particularly patent litigation.

• Su Jin Kim

  • Role: Of counsel, as listed in the Delaware case.
  • Firm: Morgan, Lewis & Bockius LLP, Philadelphia, PA.
  • Note: Focuses on intellectual property litigation.

• Shawn F. Summers

  • Role: Of counsel, as listed in the Delaware case.
  • Firm: Morgan, Lewis & Bockius LLP, Philadelphia, PA.
  • Note: Experience in patent and other intellectual property disputes.

While these attorneys are listed as counsel in a related district court case where Embody and Zimmer Biomet were defendants, it is common for the same firms to handle related IPR proceedings for their clients. A PTAB order in IPR2025-00248 confirms "counsel for Petitioner participated" in a conference call, indicating active representation, though specific names were not provided in the snippet. Similarly, a request for oral argument by Petitioners in the related IPR2025-00249 also refers to "Petitioners Embody, Inc. and Zimmer Biomet Holdings, Inc." being represented by counsel.

LifeNet Health is represented by the following counsel in IPR2025-00248:

• Name: Amanda F. Wieker (Reg. No. 59,285)
  • Role: Lead Counsel
  • Firm: McGuireWoods LLP. The office location is not specified in the provided snippet, but her email domain is @mcguirewoods.com.
  • Note: Further details on specific patent litigation experience or notable past cases for Amanda F. Wieker were not immediately available from the provided search results beyond her role as lead counsel in this IPR.

The "Patent Owner's Power of Attorney" document mentions "Backup Counsel" but does not provide names or further details in the available snippet. Therefore, no other attorneys can be identified with certainty at this time from the provided information.